Groups File Suit to Challenge Virginia State Water Board MVP Permit Approval

On Friday December 8, 2017, Appalachian Mountain Advocates filed a petition for review with the US Court of Appeals for the Fourth Circuit to overturn Virginia’s unlawful approval of the fracked gas Mountain Valley Pipeline (MVP). The litigation was filed on behalf of the Sierra Club, Appalachian Voices, the Chesapeake Climate Action Network, and Wild Virginia. The filing came the day after contentious hearings that ended with the Virginia State Water Control Board issuing a certificate under the Clean Water Act needed by MVP to begin construction.

Download the filing here.

Wild Virginia’s press release says the filing “asserts that the Board has failed to base its decision on adequate and complete information and, therefore, lacks a rational basis for its action. All parties admit that vital information and analyses were missing at this time yet the Board endorsed DEQ’s recommendation to approve the rushed permit decision.”

The press release also highlights the fact that the the Board issued the permit regardless of seriously incomplete information from MVP. “‘The DEQ’s erosion and sediment control plans and stormwater control plans are incomplete and have not been presented to the Board,’ said David Sligh, Wild Virginia’s Conservation Director. ‘Karst analyses are incomplete. Data related to specific waterbody crossings is non-existent. The Nationwide 12 permit has not yet been authorized and determined to be applicable. The procedure is not based on sound science and is legally flawed. We cannot accept this betrayal of our trust and our rights without challenge,’ Sligh stated.”

Washington Post coverage of the filing is here.